An Executor or Administrator in New York has a duty to discover and collect all of the assets that rightfully belong to a decedent’s estate. If the estate fiduciary fails to perform this task properly the estate beneficiaries may claim that there was a breach of a fiduciary duty. Identifying…
New York Estate Settlement can be complicated by many different factors. After a person dies a fiduciary such as an Executor or Administrator will be appointed to handle estate affairs. The New York Probate Lawyer Blog has provided numerous posts discussing the procedure to appoint an estate fiduciary. In short,…
When a person dies, one of the first tasks that a family and fiduciary face is to take control over the decedent’s residence. New York estate lawyers are aware that accessing and securing a decedent’s home can often be difficult and complicated. To begin with, when a decedent lived alone…
A Supplemental Needs Trust (SNT) is an important mechanism to provide financial security for persons with disabilities. The New York Probate Lawyer Blog has posted a number of articles regarding the requirements and benefits of a SNT. Essentially, a SNT allows for funds to be held for the benefit of…
Estate planning is an essential part of making certain that a person’s assets are managed and distributed in accordance with one’s intentions. New York Estate Lawyers counsel clients with regard to the preparation and execution of planning documents such as Last Wills, Living Wills, Health Care Proxies, Powers of Attorney…
One of the more common problems that is encountered by estate Executors and Administrators is the recovery of a decedent’s property from third parties. New York Estate Attorneys frequently need to counsel fiduciaries regarding the Court procedures to obtain assets that belong to an estate. I have represented fiduciaries in…
All Estate cases involve determining the next of kin of the decedent. In a probate proceeding where a person dies and leaves a Last Will, the estate rules and procedures mandate that the decedent’s distributees (next of kin) be provided with official notice of the case. New York Estate lawyers…
The preparation of a Last Will is an essential part of estate planning. However, once a Will has been finalized and signed it is the final document that exists to reflect a decedent’s intentions regarding the disposition of his estate. After the testator’s death, the Last Will that was created…
As the year 2015 comes to an end, it is a good time to revisit some basic planning goals. Much has been written about Advanced Planning. The New York Probate Lawyer Blog has discussed this topic in earlier posts. Essentially, Advanced Planning involves a number of considerations. Concerns regarding lifetime…
Estate Settlement involves dealing with many different types of assets. New York City estate lawyers routinely find that a decedent was the owner of a cooperative apartment. The ownership nature of these apartments is comprised of shares of stock that the decedent owned in a cooperative corporation. As a shareholder…